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Compensation Pamphlets, September 2010

From October 8, 2010, California employers must provide certain updated documents to employees related to Workers’ Compensation. California has approved amended regulations governing the basic workers’ compensation notice materials that employers must use to inform employees of their rights and obligations under California workers’ compensation law. The revisions are as follows:

new hire pamphlets,

the posting notices that must be displayed at employee notice board,

the DWC-1 claim form/Notice of Potential Eligibility (NOPE)

new Medical Provider Network (MPN) notice requirements,

Insured and self-insured employers are subject to the posting notice and pamphlet requirements, and failure to provide current information to employees can lead to loss of medical control [LC §3550 (e)], civil penalties of up to $7,000 for each violation of the posting requirement [LC §6431] and the tolling of the statute of limitations for filing claims. State law allows private entities to prepare and publish the posting notice or pamphlets if they are approved in advance by the DWC, and for many years, insurers, employers and others have depended on California Workers’ Compensation Institute (CWCI) to produce these materials and keep them current. The latest amendments to the notice regulations require additional information on MPNs, eliminate references to vocational rehabilitation (which is no longer available), revise the state’s website references and make other changes intended to streamline the forms.

Because of the short time frame for implementation, the community must gear up quickly, so following the approval of the regulations last month, the Institute updated its pamphlets and posting notices to reflect the latest changes. The changes have been approved by the state. The CWCI has translated the pamphlets and posting notices into Spanish as required by law, printed the materials, and are ready for distribution to customers. In the meantime, insurers, employers, TPAs, agents and brokers, and others who wish to order the revised pamphlets, posting notices, and the revised 5-part claim forms may visit the online “Store” at www.cwci.org and place order.